Mediation is a process through which two (or more) disputes attempt to reach an amicable settlement with the assistance of a neutral third party (the mediator). Whether an agreement ensure or not, and whatever the content of that agreement, if any, the parties themselves determine the terms rather than accepting something imposed by third party.
The disputes may involve states, organizations, communities, individuals or other representatives with a vested interest in the outcome. Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an efficient feasible agreement on the subject matter of the dispute. Mediation can apply in a variety of disputes, such as commercial, legal, diplomatic, workplace community and divorce or other family matters.
Mediation could take a number of forms. However, for businesses “Institutional Mediation” may be an appealing scheme. It is to a great extent a conflict avoidance process; a form of human resources management that aims to resolve conflict and improve communication between the institution and its clients, as well as between the different members of the institution.
List of registered Mediators:
The Egyptian ADR Association keeps a list including the names of well-known Egyptian and Foreign prominent expertise. The said list includes a variation of specialties that would give a vast opportunity to the parties of a dispute to choose their mediators according to the nature of the dispute.
The following rules are applicable on all the Mediation proceedings conducted by the Association.
Parties can agree on amending any of the rules of any of Mediation proceedings applied by the Association.
Any party may not submit to any State court or arbitration any documents, statements or communication which is submitted by any other party or by the neutral in the Mediation proceedings, unless he can produce it independently from any source than the Mediation proceedings concluded according to the Association’s Rules. Without prejudice to the right of the parties requesting a technical report from an expert to introduce it to the court or to an arbitral tribunal, any party may not submit to any court or in any arbitration any proposals or views that were submitted by another party or by the neutral during the proceedings of any other Mediation proceedings of the Association.
The settlement reached between the parties through the neutral(s) and signed by them shall be binding to the parties as any contract concluded between them.
Neither the neutral(s) nor the Association and its employees shall be liable to any person for act or omission in connection with the Mediation proceedings.
The parties may refer to these rules in their contracts and may provide that “Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by mediation in accordance with the Rules of Mediation as applied by the Association. The Association shall be the appointing authority unless the parties made the appointment themselves or in case the appointing authority refused or failed to act. Note: Parties may wish to consider adding:
a) The number of neutrals shall be … (one or three).
b) The place of the proceedings shall be … (town or country).
The applicant shall provide the Association with the following:
1) The name of the disputants.
2) The Addresses, phone and fax numbers and of the parties and their lawyers if any.
3) The nature and value of the dispute.
4) The neutral qualifications.
5) The place of the proceedings.
6) The language of the proceedings.
Where parties to a contract have agreed in writing to seek an amicable settlement of disputes arising out of or relating to their contract by mediation in accordance with the Rules of Mediation as applied the Association, then such mediation shall take place in accordance with such rules. Unless the parties have agreed otherwise, the rules applicable to the mediation shall be those in force at the time of commencement of the mediation. The submission of the parties to mediation according to the Mediation Rules of the Association implies their acceptance of the rights and obligations contained therein.
The party initiating mediation shall provide the Association with a request for mediation briefly identifying the subject and value of the dispute along with a copy of the agreement entered into by the parties for mediation indicating their names, addresses, phone numbers, fax numbers, emails if any, in addition to the amount of US$ 500.00 international cases and US$ 250.00 or equivalent in Egyptian Pounds in domestic cases, being the administrative and registration fees, to be paid by each of the two parties in cash or by a certified check in the name of the Egyptian ADR Association and delivered to its address situated at 12, Marashly St. Zamalek , Cairo, Egypt. Where there is no submission to mediation or contract providing for mediation, a party may request the Association to invite the other party to join in a submission to mediation. The initiating party shall simultaneously file five copies of the request with the Association. The Association shall send a copy of the mediation request as soon as possible to the other party or parties. Mediation proceedings shall commence when the other party accepts in writing the invitation to mediate. If the other party rejects the mediation request or if the Association does not receive a reply within 15 days from the date on which the other party receives the said request or within such other period of time as specified therein, the Association shall inform the party initiating the mediation of such a result.
The Chairman of the Board of Directors of the Association shall appoint one mediator or more if the parties fail to reach an agreement on the name or names of mediator(s). Pursuant to these rules, where the Association is to recommend or appoint mediators, the names of the recommended or appointed mediators shall be drawn from the panel maintained by the Association for that purpose. The selected mediators shall be appointed unless rejected by either party for objective reasons.
The selected or appointed mediator shall satisfy the Rules of the Code of Ethics of Mediators issued by the Association. Consequently, no person shall serve as a mediator in any dispute in which he has any financial or personal interests in the outcome of the mediation, unless otherwise agreed upon in writing by the parties. Prior to accepting an appointment, the potential mediator shall disclose any circumstances likely to create a presumption of bias. Upon receipt of such information, the Association shall replace the mediator unless the parties accept his appointment.
If any mediator dies or proves unwilling or unable to serve, another mediator is to be appointed according to the same rules applied in appointing the withdrawing mediator.
The parties may be represented by themselves, or by persons of their own choice. The names and addresses of such persons shall be communicated in writing to all parties and to the Association.
The mediator shall fix the date, time and location of each of the mediation sessions. The mediation shall be held at the Association or at any other convenient location agreeable to the mediator and to the parties.
Upon the request of the mediator or of either party the Chairman of the Board of Directors Of the Association shall provide or arrange for administrative assistance or facilities in order to facilitate the conduct of the mediation proceedings.
At least fifteen days before the first session, each party shall furnish to the Association copies of all written statements and documents to be submitted to the mediator(s) and to the other parties. The Association shall send copies of all written submissions to the other parties and to the mediator(s). The parties may agree on any other means to exchange their points of view and suggestions to settle the dispute.
At the first session, the parties shall produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information.
A mediator can hold private sessions or communicate separately with each party to narrow the gaps between the views of the parties.
The expense of witnesses and experts for either side shall be paid by the party requesting such witnesses or experts. All other expenses relating to the mediator’s travel, the representatives of the Association, the expenses of any witness and the costs of any proof or expert advice produced at the direct request of the mediator, shall be equally borne by the parties according to the suggestion of the mediator agreed upon by the parties. In case only one of the parties agrees on the suggestion of the mediator, this party shall bear the costs.
Mediation sessions are private. Other persons my attend only with the permission of the parties and with the consent of the mediator.
Confidential information disclosed to the mediator by parties or witnesses in the course of mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in that capacity shall be confidential. The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceedings any of the following:
a. Views expressed or suggestions made by either party with respect to a possible settlement of the dispute;
b. Admissions made by another party in the course of the mediation proceedings;
c. Proposals made or views expressed by the mediator; or
d. The fact that either party had not indicated willingness to accept a proposal for settlement made by the mediator.
Neither the Association nor any mediator shall be a party in judicial proceeding relating to the mediation. Neither the Association nor any mediator shall be liable to any party for any act or omission in connection with any mediation conducted under these rules.
The mediator shall interpret and apply these rules insofar as they relate to the mediator’s duties and responsibilities. All other rules shall be interpreted and applied by the Association.
Unless agreed otherwise, the mediators upon the conclusion of the mediation proceedings shall furnish to the Chairman of the Board of Directors of the Association the settlement agreement signed by the parties or a report of the reasons for the termination of the mediation proceedings without reaching a settlement.
With reference to the cost of mediation, the following provisions shall apply:
a. For the purpose of these rules, the term “costs” shall also include the expenses reasonably incurred by the Association in connection with the mediation as well as its administrative fees.
b. The facilities provided by the Association may be charged for on the basis of comparable costs.
c. The mediator’s fees shall be fixed by agreement between the Association, the mediator and the parties. The Chairman of the Board of Directors of the Association, after consultation with the mediator and the parties, shall determine the bases of the assessment of fees and expenses. In all cases, the Chairman of the Board of Directors of the Association may reduce the fees and expenses if the nature of the case so permits.
d. In some cases due to the complexity of the dispute or the length of hearings, the Chairman of the Board of Directors of the Association may undertake consultation with the mediator and the parties to adjust the basis of the assessment of fees and expenses.
a. The Chairman of the Board of Directors of the Association shall prepare an estimate of the costs of mediation and request each party to deposit equal advance payments.
b. During the course of the mediation proceedings, the Chairman of the Board of Directors of the Association may request supplementary deposits from the parties.
c. If the required deposits are not paid in full with thirty days after the receipt of the request, the Chairman of the Board of Directors of the Association shall inform the parties in order that one or another of them may make the required payment. If such payment is not made, the mediator(s), after consultation with the Chairman of the Board of Directors of the Association, may order the suspension or termination of the mediation proceedings.
d. Upon termination of the mediation, the Chairman of the Board of Directors of the Association shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.
The Egyptian ADR Association aims to:
• Serve the community by promoting and facilitating the development, acceptance and usage of ADR.
• Promote education and research in ADR.
• Disseminate information relating to ADR for the benefit of members and the community at large.
• Provide simple and effective access to dispute resolution professionals.
• Assist organizations in developing effective grievance and compliant handling procedures.
• Ensure excellence in the delivery of ADR solutions to our region through training, accreditation and development of a national standard for practitioners.
• Maintain high quality and efficient ADR schemes.
• Train practitioners and individuals.
• Establish a trusted ADR community and culture in the whole region.
November 2007 was the founding member agreement on the establishment of the Egyptian ADR Association for the amicable settlement of disputes within the comprehensive plan for the deployment of several subsidiaries, in accordance with the provisions of law 84 of 2002 on private associations and institutions.
The Association shall endeavor to offer the types of services that are in line with its objectives, which include:
• Providing an online and offline list of independent mediators and other dispute resolution practitioners accredited by The Association.
• Providing referrals to mediators and other dispute resolution practitioners on request through The Association.
• Providing advice and assistance in developing specialist panels of mediators to meet the needs of particular industries and organizations.
• Facilitating/ organizing negotiations, mediations, conciliations, and any other similar ADR processes.
• Designing in-house dispute resolution and complaint handling systems for business entities.
• Operating a pro bono mediation service for parties in need of financial aid.
• Training in key areas of dispute resolution at introductory, basic and advanced levels.
• Accrediting mediators on the basis of a competency-based assessment process.
• Publishing a regular newsletter/journal “The ADR Companion” which provides resourceful information on all aspects of ADR and The Egyptian ADR Association news.
• Providing resources for mediators and clients, including standard ADR agreements and clauses for inclusion in contracts and agreements.
• Supporting professional networking amongst dispute resolution professionals through national and regional conferences and events on a regular basis.
• Organizing and hosting a biennial international conference on ADR.
• Liaising with other ADR organizations on national, regional, and global level.
• Promoting the utilization of alternative dispute resolution.
• Preparing research and reports on ADR.
• Organizing ADR public awareness campaigns and reaching out to organizations and sectors which could benefit from ADR.